Jersey Law 10/1978
MISUSE OF DRUGS (JERSEY) LAW, 1978.
____________
1 Interpretation
2 Constitution
of Advisory Council on Misuse of Drugs
3 Controlled
Drugs and their Classification
4 Restrictions
on Importation or Exportation of Controlled Drugs
5 Restrictions
on Production and Supply of Controlled Drugs
6 Restrictions
on Possession of Controlled Drugs
7 Prohibition
of Certain Activities Relating to Opium
8 Prohibition
on Possession of Utensils for the Purposes of Committing an Offence
9 Occupier
of Premises
10 Authorisation
of Activities otherwise Unlawful under this Law
11 Powers
of Committee for Preventing Misuse of Controlled Drugs
12 Special
Precautions for Safe Custody of Controlled Drugs
13 Power
to Obtain information from Practitioners, Pharmacists etc
14 Directions
Prohibiting Prescribing, Supplying, etc. of Controlled Drugs by Practitioners,
etc. Convicted of Certain offences
15 Directions
Prohibiting Prescribing, Supply, etc. of Controlled Drugs by Practitioners in
other Cases
16 Right
of Appeal
17 Power
to Search for Controlled Drugs
18 Accessories
and Abettors
19 Miscellaneous
offences
20 Offences
by Corporations
21 Further
Power to make orders
22 Defences
in Certain Proceedings
23 Service
of Documents
24 Provisions
as to Licences
25 General
Provisions as to orders
26 Penalties
27 Increase
of Penalties for Certain offences under the Customs and Excise Law
28 Legal
Proceedings
29 Forfeiture
30 Financial
Provisions
31 Savings
and Transitional Provisions
32 Repeals
33 Citation
and Commencement
A LAW to
make new provision with respect to dangerous or otherwise harmful drugs and for
matters connected therewith, sanctioned by Order of Her Majesty in Council of
the
25th day of JULY, 1978.
____________
(Registered on the 6th day of
October , 1978).
____________
STATES OF JERSEY.
____________
The 8th day of November,
1977.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“cannabis” (except in the expression “cannabis
resin”) means any plant of the genus Cannabis
or any part of any such plant, but does not include cannabis resin or any
of the following products after separation from the rest of the plant, namely
–
(a) mature
stalk of any such plant;
(b) fibre produced from mature stalk of any such plant; and
(c) seed
of any such plant.
“cannabis resin” means the separated resin, whether
crude or purified, obtained from any plant of the genus Cannabis ;
“the Committee” means the Public Health Committee;
“controlled drug” has the meaning assigned thereto by
Article 3 of this Law;
“Customs and Excise Law” means the Customs and Excise
(General Provisions) (Jersey) Law, 1972;
“dentist” means a person registered as a dentist under
the Dentists (Registration) (Jersey) Law, 1961;
“doctor” means a registered person within the meaning
of the Medical Practitioners (Registration) (Jersey) Law, 1960;
“enactment” includes an enactment of the United
Kingdom;
“Medical Officer of Health” means the person appointed
as such under the “Loi (1934) sur la Santé Publique”;
“person lawfully conducting a retail pharmacy business”
means an authorised seller of poisons within the
meaning of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952;
“pharmacist” means a registered person within the
meaning of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952;5
“practitioner” means a doctor, dentist or veterinary
surgeon;
“premises” includes a vessel;
“prepared opium” means opium prepared for smoking and
includes dross and any other residues remaining after opium has been smoked;
“prescribed” means prescribed by Order;
“produce” where the reference is to producing a
controlled drug, means producing it by manufacture, cultivation or any other
method, and
“production” shall be construed accordingly;
“supplying” includes distributing;
“veterinary surgeon” means a person registered under
the “Loi (1939) sur l’exercice de la médecine
et la chirurgie vétérinaires
dans cette Ile”;
(2) References
in this Law to misusing a drug are references to a person misusing it by taking
it by way of any form of self-administration, whether or not involving
assistance by another person.
(3) For
the purposes of this Law any thing which a person has in his possession shall
be taken to include any thing subject to his control which is in the custody of
another.
(4) Any
reference in this Law to any other enactment shall be construed as a reference
to that enactment as amended or extended by or under any other enactment.
ARTICLE 2
CONSTITUTION OF ADVISORY COUNCIL ON MISUSE
OF DRUGS
(1) There
shall be constituted in accordance with the First Schedule to this Law an
Advisory Council on the Misuse of Drugs (hereinafter in this Law referred to as
“the Council”) and the supplementary provisions contained in that
Schedule shall have effect in relation to the Council.
(2) It
shall be the duty of the Council to keep under review the situation in the
Bailiwick with respect to drugs which are, or appear to it likely to be,
misused, and of which the misuse is having, or appears to it capable of having,
harmful effects sufficient to constitute a social problem, and to give to the
Committee, where either the Council considers it expedient to do so or it is
consulted by the Committee, advice on the measures which, in the opinion of the
Council, ought to be taken for preventing the misuse of such drugs or dealing
with social problems connected with their misuse, and in particular on measures
which, in the opinion of the Council, ought to be taken –
(a) for restricting the
availability of such drugs or supervising the arrangements for their supply;
(b) for enabling persons
affected by the misuse of such drugs to obtain proper advice, and for securing
the provision of proper facilities and services for the treatment,
rehabilitation and after-care of such persons;
(c) for promoting
co-operation between the various professional and community services which in
the opinion of the Council have a part to play in dealing with social problems
connected with the misuse of such drugs;
(d) for educating the
public, and in particular, the young, in the dangers of misusing such drugs,
and for giving publicity to those dangers;
(e) for obtaining
information about any matter which, in the opinion of the Council, is of
relevance for the purpose of preventing the misuse of such drugs or dealing
with any social problem connected with their misuse.
(3) For
the purposes of carrying out its functions under paragraph (2) of this Article,
the Council may, from time to time, consult with the Advisory Council on the
Misuse of Drugs set up by the Misuse of Drugs Act, 1971, of the United Kingdom.
(4) It
shall also be the duty of the Council to consider any matter relating to drug dependance or the misuse of drugs which may be referred to
it by the Committee and to advise the Committee thereon, and in particular to
consider and advise the Committee with respect to any communication referred to
it, being a communication relating to the control of any dangerous or otherwise
harmful drug made by any organisation or authority
established by or under any treaty, convention or other agreement or
arrangement.
(5) The
States may by Regulations amend the First Schedule to this Law.
ARTICLE 3
CONTROLLED DRUGS AND THEIR CLASSIFICATION
(1) For
the purposes of this Law –
(a) the expression
“controlled drug” means any substance or product for the time being
specified in Parts I, II or III of the Second Schedule to this Law;
(b) the expressions
“Class A drug”, “Class B
drug” and “Class C drug” mean any of the substances and
products for the time being specified respectively in Part I, Part II or Part
III of that Schedule;
and the provisions of Part IV of that Schedule shall have effect
with respect to the meanings of expressions used in that Schedule.
(2) The
Committee may by Order make such amendments to the Second Schedule to this Law
as may be requisite for the purpose of adding any substance or product to, or
removing any substance or product from, any of Parts I to III of that Schedule.
(3) An
Order under this Article may amend Part IV of the Second Schedule to this Law,
and may do so whether or not it amends any other part of that Schedule.
ARTICLE 4
RESTRICTIONS ON IMPORTATION OR EXPORTATION
OF CONTROLLED DRUGS
(1) Subject
to the provisions of paragraph (2) of this Article the importation or
exportation of a controlled drug is hereby prohibited.
(2) Paragraph
(1) of this Article does not apply –
(a) to the importation or
exportation of a controlled drug which is for the time being exempted from the
provisions of paragraph (1) of this Article by an Order made under Article 10
of this Law; or
(b) to the importation or
exportation of a controlled drug under and in accordance with the terms of a licence issued by the Committee and in compliance with any
conditions attached thereto.
ARTICLE 5
RESTRICTIONS ON PRODUCTION AND SUPPLY OF
CONTROLLED DRUGS
Subject to the provisions of any Order for the time being in force
under Article 10 of this Law, it is an offence for a person –
(a) to produce or be concerned in
the production of a controlled drug; or
(b) to supply or offer to supply
a controlled drug to any person; or
(c) to be concerned in the
supplying of, or in the making of an offer to supply, a controlled drug to any
person.
ARTICLE 6
RESTRICTIONS ON POSSESSION OF CONTROLLED
DRUGS
(1) Subject
to the provisions of any Order for the time being in force under Article 10 of
this Law, it is an offence for a person to have a controlled drug in his
possession.
(2) It
is an offence for a person to have a controlled drug in his possession, whether
lawfully or not, with intent to supply it to another person in contravention of
sub-paragraph (b) of Article 5 of
this Law.
(3) In
any proceedings for an offence under paragraph (1) of this Article in which it
is proved that the accused had a controlled drug in his possession, it shall be
a defence for him to prove –
(a) that, knowing or suspecting
it to be a controlled drug, he took possession of it for the purpose of
preventing another from committing or continuing to commit an offence in connexion with that drug and that as soon as possible after
taking possession of it he took all such steps as were reasonably open to him
to destroy the drug or to deliver it into the custody of a person lawfully
entitled to take custody of it; or
(b) that, knowing or suspecting
it to be a controlled drug, he took possession of it for the purpose of
delivering it into the custody of a person lawfully entitled to take custody of
it and that as soon as possible after taking possession of it he took all such
steps as were reasonably open to him to deliver it into the custody of such a
person.
(4) The
provisions of paragraph (3) of this Article shall apply in the case of
proceedings for an offence under paragraph (4) of Article 19 of this Law as
they apply in the case of proceedings for an offence under paragraph (1) of
this Article, subject to the following modifications –
(a) for the reference to the
accused having in his possession, and to his taking possession of, a controlled
drug, there shall be substituted respectively references to his attempting to
get, and to his attempting to take, possession of such a drug; and
(b) in sub-paragraphs (a) and (b) of the said paragraph (3) the words from “and that as
soon as possible” to the end of those sub-paragraphs shall be omitted.
(5) Nothing
in paragraph (3) of this Article shall prejudice any other defence
which it is open to a person charged with an offence under this Article to
raise.
ARTICLE 7
PROHIBITION OF CERTAIN ACTIVITIES RELATING
TO OPIUM
It is an offence for a person –
(a) to smoke or otherwise use
prepared opium;
(b) to frequent a place used for
the purpose of opium smoking;
(c) to have in his possession
–
(i) any
pipes or other utensils made or adapted for use in connexion
with the smoking of opium, being pipes or utensils which have been used by him
or with his knowledge and permission in that connexion
or which he intends to use or permit others to use in that connexion;
or
(ii) any
utensils which have been used by him or with his knowledge and permission in connexion with the preparation of opium for smoking.
ARTICLE 8
PROHIBITION ON POSSESSION OF UTENSILS FOR
THE PURPOSES OF COMMITTING AN OFFENCE
It is an offence for a person to have in his possession any needle,
syringe or other utensil for the purposes of committing an offence against this
Law.
ARTICLE 9
OCCUPIER OF PREMISES
A person commits an offence if, being the occupier or concerned in
the management of any premises, he knowingly permits or suffers any of the following
activities to take place on those premises –
(a) producing or attempting to
produce or supplying or attempting to supply a controlled drug in contravention
of Article 5 of this Law;
(b) preparing opium for smoking;
(c) smoking cannabis, cannabis resin
or prepared opium.
ARTICLE 10
AUTHORISATION OF ACTIVITIES OTHERWISE
UNLAWFUL UNDER THIS LAW
(1) The
Committee may by Order –
(a) exempt from the provisions of
sub-paragraph (a) of paragraph (2) of
Article 4 or paragraph (1) of Article 6 of this Law such controlled drugs as
may be specified in the Order;
(b) make such other provision as
it thinks fit for the purpose of making it lawful for persons to do things
which under Article 5 or paragraph (1) of Article 6 of this Law it would
otherwise be unlawful for them to do.
(2) Without
prejudice to the generality of sub-paragraph (b) of paragraph (1) of this Article, any Order under this Article authorising the doing of any such thing as is mentioned in
that sub-paragraph may in particular provide for the doing of that thing to be
lawful –
(a) if it is done in accordance
with the terms of a licence granted by the Committee
and in compliance with any conditions attached thereto; or
(b) if it is done in compliance
with such conditions as may be prescribed.
(3) Subject
to the provisions of paragraph (4) of this Article, the Committee shall
exercise its power to make Orders under sub-paragraph (b) of paragraph (1) of this Article so as to secure –
(a) that it is not unlawful under
Article 5 of this Law for a practitioner acting in his capacity as such, to
prescribe, administer, manufacture, compound or supply a controlled drug, or
for a pharmacist or a person lawfully conducting a retail pharmacy business,
acting in his capacity as such, to manufacture, compound or supply a controlled
drug;
(b) that it is not unlawful under
paragraph (1) of Article 6 of this Law for a practitioner, pharmacist or person
lawfully conducting a retail pharmacy business to have a controlled drug in his
possession for the purposes of acting in his capacity as such.
(4) If
in the case of any controlled drug the Committee is of the opinion that it is
in the public interest –
(a) for production, supply and
possession of that drug to be either wholly unlawful or unlawful except for
purposes of research or other special purposes; or
(b) for it to be unlawful for
practitioners, pharmacists and persons lawfully conducting retail pharmacy
businesses to do in relation to that drug any of the things mentioned in
paragraph (3) of this Article except under a licence
or other authority granted by the Committee;
it may, by Order, designate that drug as a drug to which this
paragraph applies and while there is in force an Order under this paragraph
designating a controlled drug as one to which this paragraph applies, paragraph
(3) of this Article shall not apply in relation to that drug.
(5) In
this Article references to a person’s “doing” things include
references to his having things in his possession.
ARTICLE 11
POWERS OF COMMITTEE FOR PREVENTING MISUSE OF
CONTROLLED DRUGS
(1) Subject
to the provisions of this Law the Committee may by Order make such provision as
appears to it necessary or expedient for preventing the misuse of controlled
drugs.
(2) Without
prejudice to the generality of paragraph (1) of this Article, any Order under
this Article may, in particular, make provision –
(a) for requiring precautions to
be taken for the safe custody of controlled drugs;
(b) for imposing requirements as
to the documentation of transactions involving controlled drugs, and for
requiring copies of documents relating to such transactions to be furnished to
the prescribed authority;
(c) for requiring the keeping of
records and the furnishing of information with respect to controlled drugs in
such circumstances and in such manner as may be prescribed;
(d) for the inspection of any
records kept in pursuance of any Order made under this Article;
(e) for regulating the packaging
and labelling of controlled drugs;
(f) for regulating the
transport of controlled drugs and the methods used for destroying or otherwise
disposing of such drugs when no longer required;
(g) for regulating the issue of
prescriptions containing controlled drugs and the supply of controlled drugs on
prescriptions, and for requiring persons issuing or dispensing prescriptions
containing such drugs to furnish to the Medical Officer of Health such
information relating to those prescriptions as may be specified;
(h) for requiring any doctor who
attends a person whom he considers, or has reasonable grounds to suspect, is
addicted to such controlled drugs as may be prescribed to furnish to the
Medical Officer of Health such particulars with respect to that person as may
be specified;
(j) for prohibiting any
doctor from administering, supplying, and authorising
the administration and supply of controlled drugs to persons so addicted, and
from prescribing for such persons such controlled drugs as may be prescribed,
except under and in accordance with the terms of a licence
issued by the Committee.
ARTICLE 12
SPECIAL PRECAUTIONS FOR SAFE CUSTODY OF
CONTROLLED DRUGS
(1) Without
prejudice to any requirement imposed by an Order made under sub-paragraph (a) of paragraph (2) of Article 11 of
this Law, the Committee, or any person duly authorised
in that behalf by the Committee, may by notice in writing served on the
occupier of any premises on which controlled drugs are or are proposed to be
kept, give directions as to the taking of precautions or further precautions
for the safe custody of any controlled drugs of a description specified in the
notice which are kept or are proposed to be kept on those premises.
(2) Any
person who contravenes or who fails to comply with any direction given under
this Article shall be guilty of an offence.
ARTICLE 13
POWER TO OBTAIN INFORMATION FROM
PRACTITIONERS, PHARMACISTS ETC
(1) If
it appears to the Committee that there exists in the Bailiwick a social problem
caused by the misuse of dangerous or otherwise harmful drugs, it may, by notice
in writing served on any practitioner or pharmacist or on any person lawfully
conducting a retail pharmacy business, require that person to furnish to the
Committee, with respect to any such drugs specified in the notice and as
regards any period so specified, such particulars as may be specified relating
to the quantities in which and the number and frequency of the occasions on
which those drugs were prescribed, administered or supplied by him, as the case
may be.
(2) A
notice under this Article may require any such particulars to be furnished in
such manner and within such time as may be specified in the notice and, if
served on a pharmacist or person lawfully conducting a retail pharmacy
business, may require him to furnish the names and addresses of practitioners
on whose prescriptions any dangerous or otherwise harmful drugs to which the
notice relates were supplied, but shall not require any person to furnish any
particulars relating to the identity of any person for or to whom any such drug
has been administered or supplied.
(3) A
person commits an offence if without reasonable excuse, proof of which shall
lie on him, he fails to comply with any requirement imposed under this Article.
(4) A
person commits an offence if in purported compliance with a requirement imposed
under this Article he gives any information which he knows to be false in a
material particular or recklessly gives any such false information.
ARTICLE 14
DIRECTIONS PROHIBITING PRESCRIBING,
SUPPLYING, ETC. OF CONTROLLED DRUGS BY PRACTITIONERS, ETC. CONVICTED OF CERTAIN
OFFENCES
(1) Where
a practitioner or pharmacist has after the coming into force of this Law been
convicted –
(a) of an offence under this Law
or under the Dangerous Drugs (Jersey) Law, 1954 or any
enactment repealed by that Law; or
(b) of an offence under Articles
23, 30 or 77 of the Customs and Excise Law, in connexion with a prohibition or restriction on importation
or exportation of a controlled drug having effect by virtue of Article 4 of
this Law or which had effect by virtue of any provision contained in or repealed
by the Dangerous Drugs (Jersey) Law, 1954;7
the Committee may give a direction under paragraph (2) of this
Article in respect of that person.
(2) A
direction under this Article shall –
(a) if that person is a
practitioner, be a direction prohibiting him from having in his possession,
prescribing, administering, manufacturing compounding and supplying and from authorising the administration and supply of such
controlled drugs as may be specified in the direction;
(b) if that person is a
pharmacist, be a direction prohibiting him from having in his possession,
manufacturing, compounding and supplying and from supervising and controlling
the manufacture, compounding and supply of such controlled drugs as may be
specified in the direction.
(3) Where
the Committee proposes to give a direction under this Article, it shall cause
notice to this effect to be served on the person to whom it applies.
(4) Subject
to the provisions of paragraph (2) of Article 16 of this Law –
(a) a direction given under this
Article shall take effect when a copy of it is served on the person to whom it
applies; and
(b) the Committee shall cause
notice of any direction given by it under this Article to be published in the
Jersey Gazette.
(5) The
Committee may at any time, by notice in writing served on the person to whom it
applies, cancel a direction given by it under this Article, and the provisions
of sub-paragraph (b) of paragraph (4)
of this Article shall apply in the case of any such cancellation as they apply
to a direction.
(6) Any
person who contravenes a direction given under this Article shall be guilty of
an offence.
ARTICLE 15
DIRECTIONS PROHIBITING PRESCRIBING, SUPPLY,
ETC. OF CONTROLLED DRUGS BY PRACTITIONERS IN OTHER CASES
(1) The
Committee may –
(a) in the event of a contravention
by a doctor of any Order made under sub-paragraph (h) or (j) of paragraph
(2) of Article 11 of this Law, or of the terms of a licence
issued by the Committee in pursuance of the said sub-paragraph (j) ;
(b) if it is of the opinion that
a practitioner is or has been after the coming into force of this Law,
prescribing, administering or supplying or authorising
the administration and supply of, any controlled drug in an irresponsible
manner,
subject to and in accordance with the following provisions of this
Article, give a direction in respect of that person, prohibiting him from
prescribing, administering and supplying and from authorising
the administration and supply of such controlled drugs as may be specified in
the direction.
(2) Where
the Committee considers that there are grounds for giving a direction under
this Article, it shall forthwith request the Bailiff to constitute a Misuse of
Drugs Tribunal (hereinafter referred to as “the Tribunal”) and the
provisions of the Third Schedule to this Law shall have effect with respect to
the constitution and procedure of the Tribunal, and with respect to the other
matters there mentioned.
(3) When
the Tribunal has been duly constituted the Committee shall refer the matter to
the Tribunal, and it shall be the duty of the Tribunal to inquire into the
matter and to recommend to the Committee whether –
(a) no further proceedings should
be taken in the matter; or
(b) a direction under this
Article should be given in respect of the person concerned.
(4) Where
the Tribunal recommends the giving of a direction under this Article it shall
state in its report the controlled drugs which it considers should be specified
in the direction or may state that the direction should specify all controlled
drugs.
(5) Where
the Committee, having considered the recommendation of the Tribunal, decides
that no further proceedings should be taken in the matter, it shall cause to be
served on the person concerned a notice to this effect.
(6) Where
the Committee, having considered the recommendation of the Tribunal, decides to
give a direction under this Article, it shall cause notice to this effect to be
served on the person to whom it applies.
(7) The
provisions of paragraphs (4), (5) and (6) of Article 14 of this Law shall apply
to a direction given under this Article, as they apply under that Article.
(8) The
States may, by Regulations, amend the Third Schedule to this Law.
ARTICLE 16
RIGHT OF APPEAL
(1) A
person in respect of whom a direction has been given under Article 14 or 15 of
this Law may, within fourteen days of receipt of the notice, appeal to the
Inferior Number of the Royal Court, either in term or in vacation, against the
decision of the Committee on the grounds that, having regard to all the
circumstances of the case, the decision of the Committee was unreasonable, and
the decision of the Inferior Number of the Royal Court shall be final and
without further appeal, but without prejudice to the right of the Inferior
Number to refer the matter to the Superior Number of the Royal Court.
(2) Where
notice of appeal has been given under this Article, the provisions of paragraph
(4) of Article 14 of this Law shall not apply until the hearing has been
abandoned or determined, as the case may be.
ARTICLE 17
POWER TO SEARCH FOR CONTROLLED DRUGS
(1) Any
person duly authorised in writing in that behalf by
the Committee shall, for the purposes of this Law, have power to enter the
premises of a person carrying on business as a producer or supplier of any
controlled drugs and to demand the production of, and to inspect, any books or
documents relating to dealings in any such drugs and to inspect any stocks of
any such drugs.
(2) If
it appears to the Bailiff on information on oath that there is reasonable cause
to suspect that –
(a) a controlled drug is,
in contravention of this Law, in the possession of a person in any premises; or
(b) a document directly or
indirectly relating to, or connected with, a transaction or dealing which was,
or an intended transaction or dealing which would, if carried out be, an
offence under this Law, or in the case of a transaction or dealing carried out
or intended to be carried out in a place outside the Bailiwick, an offence
against the provisions of a corresponding law in force in that place, is in the
possession of a person on any premises,
he may issue a warrant authorising any
police officer or other person named therein, at any time or times within one
month from the date of the warrant, to enter, if need be by force, the premises
specified in the warrant, and to search the premises and any persons found
therein and, if there is reasonable ground for suspecting that an offence under
this Law has been committed in relation to any controlled drugs found on the
premises or in possession of any such persons, to seize and detain those drugs.
(3) If
a police officer has reasonable grounds to suspect that any person is in
possession of a controlled drug in contravention of this Law or of any Order
made thereunder, the police officer may –
(a) search that person and
detain him for the purpose of searching him:
Provided that no female shall be searched under this sub-paragraph
except by another female;
(b) search any vehicle or
vessel in which the police officer suspects that the drug may be found, and for
that purpose may require the person in control of the vehicle or vessel to stop
it;
(c) seize and detain, for
the purposes of proceedings under this Law, anything found in the course of the
search which appears to the police officer to be evidence of an offence under
this Law.
(4) Nothing
in this Article shall prejudice any power of search or any power to seize or
detain property which is exercisable by a police officer apart from this
Article.
(5) Any
person who –
(a) intentionally obstructs
a police officer or other person in the exercise of his powers under this
Article; or
(b) conceals from a police
officer or other person exercising his powers under this Article, any such
books, documents, stocks or drugs as are mentioned in paragraph (1) of this
Article;
(c) without reasonable
excuse, proof of which shall lie on him, fails to produce any books or
documents when requested so to do by a police officer or other person in the
exercise of his powers under this Article,
shall be guilty of an offence.
(6) In
this Article “vessel” includes an aircraft, hydrofoil and
hovercraft.
ARTICLE 18
ACCESSORIES AND ABETTORS
Any person who knowingly and wilfully
aids, abets, counsels, causes, procures or commands the commission of an
offence punishable under this Law shall be liable to be dealt with, tried and
punished as a principal offender.
ARTICLE 19
MISCELLANEOUS OFFENCES
(1) It
is an offence for a person to contravene or to fail to comply with any Order
under this Law, other than an Order under sub-paragraph (h ) or (j ) of paragraph
(2) of Article 11 of this Law.
(2) It
is an offence for a person to fail to comply with a condition or other term of
a licence issued under Article 4 of this Law, not
being a licence issued under any Order made in
pursuance of sub-paragraph (j ) of
paragraph (2) of Article 11 of this Law.
(3) A
person commits an offence if, in purported compliance with any obligation to
give information to which he is subject under or by virtue of any Order made
under this Law, he gives any information which he knows to be false in a
material particular, or recklessly gives any such false information.
(4) It
is an offence for a person to attempt to commit an offence under any provision
of this Law or to incite or attempt to incite another to commit such an
offence.
(5) A
person commits an offence if in the Bailiwick he assists in or induces the
commission in any place outside the Bailiwick of an offence punishable under
the provisions of a corresponding law in force in that place.
(6) In
this Article and in sub-paragraph (b )
of paragraph (2) of Article 17 of this Law “corresponding law”
means a law stated in a certificate purporting to be issued by or on behalf of
the government of a country outside the Bailiwick to be a law providing for the
control and regulation in that country of the production, supply, use, export
and import of drugs and other substances in accordance with the provisions of the
Single Convention on Narcotic Drugs signed at New York on 30th March, 1961, or
a law providing for the control and regulation in that country of the
production, supply, use, export and import of dangerous or otherwise harmful
drugs in pursuance of any treaty, convention or other agreement or arrangement
to which the government of that country and the States of Jersey are for the
time being parties.
(7) A
statement in any such certificate as is mentioned in paragraph (6) of this
Article to the effect that any facts constitute an offence against the law
mentioned in the certificate shall be evidence of the matters stated.
ARTICLE 20
OFFENCES BY CORPORATIONS
Where any offence under this Law committed by a body corporate is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, any director, manager, secretary or
other similar officer of the body corporate, or any person purporting to act in
any such capacity, he as well as the body corporate shall be guilty of that
offence and shall be liable to be proceeded against accordingly.
ARTICLE 21
FURTHER POWER TO MAKE ORDERS
The Committee may by Order make further provision for excluding in
such cases as may be prescribed –
(a) the application of any
provision of this Law which creates an offence; or
(b) the application of
Articles 23, 30 and 77 of the Customs and Excise Law, insofar
as they apply in relation to a prohibition or restriction on importation or
exportation having effect by virtue of Article 4 of this Law.
ARTICLE 22
DEFENCES IN CERTAIN PROCEEDINGS
(1) This
Article applies to offences under Article 5 and paragraph (1) of Article 6 of
this Law.
(2) Subject
to the provisions of paragraph (3) of this Article, in any proceedings for an
offence to which this Article applies it shall be a defence
for the accused to prove that he neither knew of nor suspected nor had reason
to suspect the existence of some fact alleged by the prosecution which it is
necessary for the prosecution to prove if he is to be convicted of the offence
charged.
(3) Where
in any proceedings for an offence to which this Article applies it is
necessary, if the accused is to be convicted of the offence charged, for the
prosecution to prove that some substance or product involved in the alleged
offence was the controlled drug which the prosecution alleges it to have been,
and it is proved that the substance or produce in question was that controlled
drug, the accused –
(a) shall not be acquitted
of the offence charged by reason only of proving that he neither knew nor
suspected nor had reason to suspect that the substance or product in question
was the particular controlled drug alleged; but
(b) shall be acquitted
thereof –
(i) if
he proves that he neither believed nor suspected nor had reason to suspect that
the substance or product in question was a controlled drug; or
(ii) if
he proves that he believed the substance or product in question to be a
controlled drug, or a controlled drug of a description, such that, if it had in
fact been that controlled drug or a controlled drug of that description, he
would not at the material time have been committing any offence to which this
Article applies.
(4) Nothing
in this Article shall prejudice any other defence
which it is open to a person charged with an offence to which this Article
applies to raise.
ARTICLE 23
SERVICE OF DOCUMENTS
(1) Any
notice or other document required or authorised by
any provision of this Law to be served on any person may be served on him
either by delivering it to him or by leaving it at his last known address or by
sending it by post.
(2) Any
notice or other document so required or authorised to
be served on a body corporate shall be duly served if it is served on the
secretary or clerk of that body or on such other person as may be deemed
appropriate, having regard to the constitution and functions of the body
corporate.
ARTICLE 24
PROVISIONS AS TO LICENCES
A licence issued by the Committee for the
purposes of this Law or of any Order made thereunder may be, to any degree,
general or specific, may be issued on such terms and subject to such
conditions, including the payment of such fee as may be prescribed, as the
Committee thinks fit, and may be modified or revoked at any time.
ARTICLE 25
GENERAL PROVISIONS AS TO ORDERS
(1) Any
Order made by the Committee under any provision of this Law –
(a) may make different
provision in relation to different controlled drugs, different classes of
persons, different provisions of this Law or other different cases or
circumstances:
(b) may make the opinion,
consent or approval of such authority as may be prescribed, or of any person authorised in such manner as may be prescribed, material
for the purposes of any provision of the Order;
(c) may contain such
supplementary, incidental and transitional provisions as appear expedient to
the Committee.
(2) No
order shall be made under this Law except after consultation with, or on the
recommendation of, the Council.
(3) The
Subordinate Legislation (Jersey) Law, 1960 shall
apply to Orders made under this Law.
ARTICLE 26
PENALTIES
(1) The
Fourth Schedule to this Law shall have effect in accordance with the following
provisions of this Article, with respect to penalties for offences under this
Law.
(2) In
relation to an offence under a provision of this Law specified in the first
column of the Fourth Schedule, the general nature of the offence being
described in the second column –
(a) the third, fourth and
fifth columns show respectively the punishments which may be imposed on a
person convicted of the offence, according to whether the controlled drug in
relation to which the offence was committed was a Class A drug, a Class B drug
or a Class C drug; and
(b) the sixth column shows
the punishments which may be imposed on a person convicted of an offence,
whether or not the offence was committed in relation to a controlled drug and,
if it was so committed, irrespective of whether the drug was a Class A drug, a
Class B drug or a Class C drug.
ARTICLE 27
INCREASE OF PENALTIES FOR CERTAIN OFFENCES UNDER
THE CUSTOMS AND EXCISE LAW
(1) In
relation to an offence in connexion with a
prohibition or restriction on importation or exportation having effect by
virtue of Article 4 of this Law, paragraph (2) of Article 23, paragraph (2) of
Article 30 and Article 77 of the Customs and Excise Law shall have effect subject to the modifications
specified in whichever of paragraphs (2) or (3) of this Article is applicable
in the case of that offence.
(2) Where
the controlled drug constituting the goods in respect of which the offence was
committed was a Class A drug or a Class B drug, the said paragraph (2) of
Article 23, paragraph (2) of Article 30, or Article 77,11 as the case
may be, shall have effect as if for the words from “shall be
liable” to “or to both” there were substituted the words
“shall be liable to a fine or to imprisonment for a term not exceeding
fourteen years, or to both”.
(3) Where
the controlled drug constituting the goods in respect of which the offence was
committed was a Class C drug, the said paragraph (2) of Article 23, paragraph
(2) of Article 30 or Article 77,11 as the case may be, shall have effect as if for the
words from “shall be liable” to “or to both” there were
substituted the words “shall be liable to a fine or to imprisonment for a
term not exceeding five years, or to both”.
ARTICLE 28
LEGAL PROCEEDINGS
(1) Any
proceedings which may be taken against any person under this Law may be taken
at any time within the period of twelve months next after the date of the
commission of the alleged offence or within the period of three months next
after the date on which evidence, sufficient in the opinion of the Attorney
General to justify the proceedings, comes to the knowledge of the Committee,
or, where the person in question was outside the Bailiwick at that date, within
the period of twelve months from the date on which he first lands in the
Bailiwick thereafter, whichever of the said periods last expires.
(2) For
the purposes of paragraph (1) of this Article a certificate purporting to be
signed on behalf of the Committee as to the date on which such evidence as
aforesaid came to the knowledge of the Committee shall be sufficient evidence
thereof.
ARTICLE 29
FORFEITURE
The Court before which a person is convicted of an offence under
this Law may order anything shown to its satisfaction to relate to the offence,
to be forfeited and either destroyed or dealt with in such manner as the Court
may order.
ARTICLE 30
FINANCIAL PROVISIONS
All expenses incurred in the carrying into effect of this Law shall
be defrayed out of the Annual Income of the States.
ARTICLE 31
SAVINGS AND TRANSITIONAL PROVISIONS
(1) Any
Order made under Article 3 or 9 of the Dangerous Drugs (Jersey) Law, 1954, or Article 2 of the Drugs (Prevention of Misuse)
(Jersey) Law, 1964, and any licence issued, or other thing done under or by virtue of
any provision of the said Articles, shall be deemed for the purposes of this
Law to have been made, issued, or done, as the case may be, under the
corresponding provisions of this Law.
(2) As
from the coming into force of Article 4 of this Law any licence
granted for the purposes of Article 5 of the Drugs (Prevention of Misuse)
(Jersey) Law, 1964, or
Articles 1, 2 or 8 of the Dangerous Drugs (Jersey) Law, 1954, shall have effect as if granted for the purposes
of Article 4 of this Law.
(3) Subject
to the provisions of paragraphs (1) and (2) of this Article, and without
prejudice to the generality of sub-paragraph (c ) of paragraph (1) of Article 25 of this Law, any Order made by
the Committee under any provision of this Law may include such provision as the
Committee thinks fit for effecting the transition from any provision made by or
by virtue of the enactments repealed by this Law, and in particular may provide
for the continuation in force, with or without modification, of any licence or other authority issued or having effect as if
issued under or by virtue of any of those enactments.
(4) For
the purposes of the enforcement of the enactments repealed by this Law as
regards anything done or omitted before their repeal, any powers of search,
entry, inspection, seizure or detention conferred by those enactments shall
continue to be exercisable as if those enactments were still in force.
ARTICLE 32
REPEALS
The enactments specified in the Fifth Schedule to this Law are
hereby repealed.
ARTICLE 33
CITATION AND COMMENCEMENT
(1) This
Law may be cited as the Misuse of Drugs (Jersey) Law, 1978.
(2) This
Law shall come into force forthwith for the purposes of making Orders thereunder,
and for all other purposes shall come into force on such date as the States may
by Act appoint, and different dates may be appointed for different purposes.
SCHEDULES
FIRST SCHEDULE
(Article 2)
CONSTITUTION OF ADVISORY COUNCIL ON MISUSE OF DRUGS
1. The
members of the Council, of whom there shall be not less than ten, shall be
appointed by the Bailiff after consultation with the Committee and such other
bodies as he considers appropriate, and shall include –
(a) the Attorney General
and the Medical Officer of Health;
(b) in relation to each of
the activities specified in paragraph (2) of this Schedule, at least one person
appearing to the Bailiff to have wide and recent experience of that activity;
and
(c) persons appearing to
the Bailiff to have wide and recent experience of social problems connected
with the misuse of drugs.
2. The
activities referred to in paragraph 1(b)
of this Schedule are –
(a) the practice of
medicine (other than veterinary medicine);
(b) the practice of
dentistry;
(c) the practice of
veterinary medicine;
(d) the practice of
pharmacy;
(e) chemistry (other than
pharmaceutical chemistry).
3. The
Bailiff shall appoint one of the members of the Council to be chairman.
4. The
Council may appoint sub-committees, which may consist in part of persons who
are not members of the Council to consider and report to the Council on any
matter referred to them by the Council.
5. At
a meeting of the Council the quorum shall be five.
6. Subject
to the foregoing provisions of this Schedule the Council may determine its own
procedure.
FINANCIAL
PROVISIONS
7. The
Committee may pay to the members of the Council such remuneration as may be
prescribed and defray such expenses of the Council as the Committee may
determine, and may provide such accommodation for the Council as it thinks fit.
SECOND SCHEDULE
(Article 3)
CONTROLLED DRUGS
PART I
CLASS A DRUGS
1. The
following substances and products, namely –
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(a)
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Acetorphine.
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Allylprodine.
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Alphacetylmethadol.
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Alphameprodine.
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Alphamethadol.
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Alphaprodine.
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Anileridine.
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Benzethidine.
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Benzylmorphine
(3-benzylmorphine).
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Betacetylmethadol.
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Betameprodine.
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Betamethadol.
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Betaprodine.
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Bufotenine.
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Cannabinol, except where contained in cannabis or
cannabis resin.
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Cannabinol derivatives.
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Clonitazene.
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Coca Leaf.
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Cocaine.
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Desomorphine
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Dextromoramide.
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Diamorphine.
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Diampromide.
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Diethylthiambutene.
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Difenoxin (1-(3-cyano-3,
3-diphenylpropyl)-4(phenyl-piperidine-4-carboxylic acid).
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Dihydrocodeinone. O-carboxymethyloxime.
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Dihydromorphine.
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Dimenoxadole.
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Dimepheptanol.
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Dimethylthiambutene.
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Dioxaphetyl butyrate.
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Diphenoxylate.
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Dipipanone.
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Drotebanol (3, 4-dimethoxy-17-methylmorphinan-6B,
14-diol).
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Ecgonine, and any derivative of ecgonine
which is convertible to ecgonine or to cocaine.
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Ethylmethylthiambutene.
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Etonitazene.
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Etorphine.
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Etoxeridine.
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Fentanyl.
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Furethidine.
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Hydrocodone.
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Hydromorphinol.
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Hydromorphone.
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Hydroxypethidine.
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Isomethadone.
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Ketobemidone.
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Levomethorphan.
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Levomoramide.
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Levophenacylmorphan.
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Levorphanol.
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Lysergamide.
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Lysergide and other N-alkyl derivatives of lysergamide.
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Mescaline.
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Metazocine.
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Methadone.
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Methadyl acetate.
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Methyldesorphine.
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Methyldihydromorphine
(6-methyldihydromorphine).
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Metopon.
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Morpheridine.
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Morphine.
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Morphine methobromide, morphine N-oxide and other pentavalent nitrogen morphine derivatives.
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Myrophine.
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Nicomorphine (3,
6-dinicotinoylmorphine).
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Noracymethadol.
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Norlevorphanol.
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Normethadone.
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Normorphine.
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Norpipanone.
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Opium, whether raw, prepared or medicinal.
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Oxycodone.
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Oxymorphone.
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Pethidine.
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Phenadoxone.
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Phenampromide.
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Phenazocine.
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Phenomorphan.
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Phenoperidine.
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Piminodine.
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Piritramide.
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Poppy-straw and concentrate of poppy-straw.
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Proheptazine.
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Properidine (1-methyl-4-phenylpiperidine-4-carboxylic
acid isopropyl ester).
|
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Psilocin.
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Racemethorphan.
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Racemoramide.
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Racemorphan.
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Thebacon.
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Thebaine.
|
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Trimeperidine
|
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4-Bromo-2, 5-dimethoxy-α-methylphenethylamine.
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4-Cyano-2-dimethylamino-4, 4-diphenylbutane.
|
|
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4-Cyano-l-methyl-4-phenylpiperidine.
|
|
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N, N-Diethyltryptamine.
|
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N, N-Dimethyltryptamine.
|
|
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2, 5-Dimethoxy-α, 4-dimethylphenethylamine.
|
|
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1-Methyl-4-phenylpiperidine-4-carboxylic acid.
|
|
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2-Methyl-3-morpholino-l,
l-diphenylpropanecar-boxylic acid.
|
|
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4-Phenylpiperidine-4-carboxylic acid ethyl ester.
|
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(b)
|
any compound (not being a compound
for the time being specified in sub-paragraph (a ) above) structurally derived from tryptamine
or from a ring-hydroxy tryptamine
by substitution at the nitrogen atom of the sidechain
with one or more alkyl substituents but no other substituent;
|
|
(c)
|
any compound (not being methoxyphenamine or a compound for the time being
specified in sub-paragraph (a )
above) structurally derived from phenethylamine, an
N-alkylphenethylamine, a-methylphenethylamine,
an N-alkyl-a-methylphenethylamine, a-ethylphenethylamine,
or an N-alkyl-a-methylphenethylamine by substitution in the ring to any
extent with alkyl, alkoxy, alkylenedioxy
or halide substituents, whether or not further
substituted in the ring by one or more other univalent substituents.
|
2. Any
stereoisomeric form of a substance for the time being
specified in paragraph 1 above not being dextromethorphan
or dextrorphan.
3. Any
ester or ether of a substance for the time being specified in paragraph 1 or 2
above, not being a substance for the time being specified in Part II of this
Schedule.
4. Any
salt of a substance for the time being specified in any of paragraphs 1 to 3
above.
5. Any
preparation or other product containing a substance or product for the time
being specified in any of paragraphs 1 to 4 above.
6. Any
preparation designed for administration by injection which includes a substance
or product for the time being specified in any of paragraphs 1 to 3 of Part II
of this Schedule.
PART II
CLASS B DRUGS
1. The
following substances and products, namely –
|
Acetyldihydrocodeine.
|
Methylphenidate.
|
|
Amphetamine.
|
Nicocodine.
|
|
Cannabis and
cannabis resin.
|
Nicodicodine (6-nicotinoyl-dihydrocodeine).
|
|
Codeine.
|
Norcodeine.
|
|
Dexamphetamine.
|
Phenmetrazine.
|
|
Dihydrocodeine.
|
Pholcodine.
|
|
Ethylmorphine
(3-ethylmorphine).
|
Propiram.
|
|
Methylamphetamine.
|
|
2. Any
stereoisomeric form of a substance for the time being
specified in paragraph 1 of this Part of this Schedule.
3. Any
salt of a substance for the time being specified in paragraph 1 or 2 of this
Part of this Schedule.
4. Any
preparation or other product containing a substance or product for the time
being specified in any of paragraphs 1 to 3 of this Part of this Schedule, not
being a preparation falling within paragraph 6 of Part I of this Schedule.
PART III
CLASS C DRUGS
1. The
following substances, namely –
|
Benzphetamine.
|
Methaqualone.
|
|
Chlorphentermine.
|
Phendimetrazine.
|
|
Mephentermine.
|
Pipradrol.
|
2. Any
stereoisomeric form of a substance for the time being
specified in paragraph 1 of this Part of this Schedule.
3. Any
salt of a substance for the time being specified in paragraph 1 or 2 of this
Part of this Schedule.
4. Any
preparation or other product containing a substance for the time being
specified in any of paragraphs 1 to 3 of this Part of this Schedule.
5. Barbituric acid; its salts; derivatives of barbituric acid; their salts; compounds of barbituric acid; its salts; its derivatives; their salts,
with any other substance.
PART IV
MEANING OF CERTAIN EXPRESSIONS USED
IN THIS SCHEDULE
For the purposes of this Schedule the following expressions have
the meanings hereby assigned to them respectively, that is to say –
“cannabinol derivatives”
means the following substances, except where contained in cannabis or cannabis
resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol
or of its tetrahydro derivatives;
“coca leaf” means the leaf of any plant of the genus Erythroxylon from whose leaves cocaine can be
extracted either directly or by chemical transformation;
“concentrate of poppy-straw” means the material
produced when poppy-straw has entered into a process for the concentration of
its alkaloids;
“medicinal opium” means raw opium which has undergone
the process necessary to adapt it for medicinal use in accordance with the
requirements of the British Pharmacopoeia, whether it is in the form of powder
or is granulated or is in any other form, and whether it is or is not mixed
with neutral substances;
“opium poppy” means the plant of the species Papaver somniferum L;
“poppy straw” means all parts, except the seeds, of the
opium poppy, after mowing;
“raw opium” includes powdered or granulated opium but
does not include medicinal opium.
THIRD SCHEDULE
(Article 15)
CONSTITUTION OF TRIBUNAL
1. The
Tribunal shall consist of –
(a) an advocate or
solicitor of the Royal Court of not less than five years standing, appointed by
the Bailiff to be the chairman of the Tribunal; and
(b)
at least two members of the
respondent’s profession, appointed by the Bailiff, after consultation with
the Committee and such other bodies as he considers appropriate.
PROCEDURE
2. Upon
receiving a reference from the Committee the Tribunal shall cause to be served
on the respondent a notice setting out the details of the matter which has been
referred to it, and appointing a time and place for the hearing.
3. The
respondent shall be entitled to appear before and be heard by the Tribunal
either in person or through his advocate or solicitor.
4. Proceedings
before the Tribunal shall be held in private unless the respondent requests
otherwise and the Tribunal accedes to the request.
5. Following
the decision of the Committee whether or not to give a direction under Article
15 of this Law, the Tribunal shall be discharged of its duties.
6. Subject
to the foregoing provisions of this Schedule, the Tribunal may regulate its own
procedure.
FINANCIAL
PROVISIONS
7. The
Committee may pay to the members of the Tribunal such remuneration as may be
prescribed and defray such expenses of the Tribunal as the Committee may
determine, and may provide such accommodation for the Tribunal as it thinks
fit.
8. If
the Tribunal recommends to the Committee that the whole or part of the expenses
properly incurred by the respondent for the purposes of proceedings before the
Tribunal should be defrayed out of public funds, the Committee may, if it
thinks fit, make to the respondent such payments in respect of those expenses
as it considers appropriate.
INTERPRETATION
9. In
this Schedule “respondent” means the practitioner in respect of
whom the reference has been made to the Tribunal.